OAR 411-054-0100. Exceptions

(1) The facility seeking an exception to these rules must submit a completed Application for Exception form (SDS 0563) to the Department, explaining the reasons for the exception request. (2) The Department may grant an exception to these rules. An exception will not be granted if the Department determines, at its discretion, that granting the exception is detrimental to the residents. (3) The Department may not grant a facility’s request for an exception to the requirements of ORS 443.400 to 443.455 or any other statutory licensing requirements, unless expressly authorized by statute to grant an exception or to temporarily modify a licensing requirement due to a declaration of a state of emergency. (4) No exception will be granted from a regulation or provision of these rules pertaining to the monitoring of the facility, resident rights, and inspection of the public files. (5) Exceptions granted by the Department must be in writing on form SDS 0563 and may be reviewed periodically. Exceptions may be rescinded at any time if statute or regulations change or the Department determines that continuance of the exception has a potential adverse impact on resident wellbeing, privacy, or dignity. The Department will send written notice to the facility with reason(s) why an exception is denied or rescinded. (6) If the Department intends to grant an exception to a licensing requirement, the Department must notify the office of the Long-Term Care Ombudsman of the exception request and the Department’s intent to grant the request no fewer than seven days prior to the effective date. (7) For assisted living facilities: an individual exception is required for each resident who chooses to share a unit with someone other than his/her spouse or partner. (8) If applicable, exceptions will not be granted by the Department without prior consultation with other agencies involved. (9) The licensee must disclose current Department granted exceptions to prospective licensee, when applicable. (10) Exceptions are specific to the licensee and individuals at the time the exception is granted and do not transfer to prospective licensee or individuals. Prospective licensees may apply for an exception to these rules. The Department will consider each request and make a decision based on the prospective licensee’s compliance history, experience, and alternative plan to meet the intent of the rule.